Chapter 5 – Adult Custody and Security Operations

The Director has established a system for the disposition of contraband. Any contraband retrieved from a body cavity, or which is otherwise suspected of being contaminated, shall be handled using appropriate safeguards (e.g., disposable plastic gloves) and shall be placed in a container which shall be clearly labeled “contaminated”.

To provide for controlled disposal or disposition of acquired contraband items that pose a threat to persons or to the security of a facility.

The Warden or Regional Parole Administrator (RPARegional Parole Administrator) shall administer and monitor the handling and disposal of contraband.

Any unauthorized property, materials, supplies, items, commodities, and substances received or obtained by incarcerated persons from any source is contraband. (Refer to California Code of Regulations [CCRCalifornia Code of Regulations] 3006, and Department Operations Manual [DOMDepartment Operations Manual] 54030, Incarcerated Person Property.)

See DOMDepartment Operations Manual 52010.

See DOMDepartment Operations Manual 54060.

See DOMDepartment Operations Manual 54030.

See DOMDepartment Operations Manual 101050.

See DOMDepartment Operations Manual 52040.

See DOMDepartment Operations Manual 52030.

Outdated, uncontrolled, and contraband medication which has been tainted by inappropriate handling by incarcerated persons (e.g., tampered with, misplaced, or sold) shall be disposed of by medical staff in accordance with DOMDepartment Operations Manual 52010.

Confiscated weapons, parts, or ammunition no longer required as evidence for an investigation or trial shall be turned over to the following individuals for disposal:

• In a facility, to an armorer or other designated person.

• In a parole office, to an individual designated by the RPARegional Parole Administrator at the Parole Agent II level or higher.

• In the Office of Correctional Safety (OCSOffice of Correctional Safety), to the Emergency Operations Unit (EOU) Armory Lieutenant, or a special or senior special agent designated by the Chief, OCSOffice of Correctional Safety.

• In the Academy, to a lieutenant or higher level employee designated by Academy.

Firearms may be released to governmental agencies or surrendered to the Department of Justice (DOJDepartment Of Justice) for destruction. If the firearms are to be destroyed, a CDCRCalifornia Department of Corrections and Rehabilitation Form 918, Confiscated Weapon/Parts/Ammunition Disposition Report shall be presented to the local court of jurisdiction for approval of transfer. Upon return of the approved release for destruction, State DOJDepartment Of Justice shall be advised by submitting the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 918 with cover letter to:

Bureau of Firearms
Department of Justice
P.O. Box 820200
Sacramento, CACorrectional Administrators 94203-0200

Incarcerated person manufactured weapons shall be retained in evidence pending legal appeal. Upon completion of legal litigation, they may be used for In-Service Training (ISTIn-Service Training) purposes. All weapons not being used for training purposes and being held pending prosecution or appeal shall be secured in a storage area until removed from facility grounds by an approved, certified disposal service.

Employee responsibilities

• Under no circumstances shall any money be mutilated or destroyed. Money which is discovered or confiscated by any employee shall be disposed of as follows:

  • Employees shall immediately notify their supervisor upon discovering or confiscating any amount of money.

  • A written report which identifies the serial number and denomination of each bill and the number of each denomination of coin shall be completed by the employee. The report shall be witnessed by at least one other employee.

  • Contaminated money shall be placed in a plastic container which shall be sealed and clearly marked “contaminated.” The container and report shall be turned in to the Associate Warden (AWAssociate Warden), Business Services, or a designated Business Services representative for mailing to the Department of Treasury for destruction.

Associate Warden responsibilities.

• The AWAssociate Warden, Business Services, or representative, shall enclose a letter designating how the check from the Department of Treasury should be drawn. The letter and contaminated money shall be packaged and mailed to:
  
  Department of Treasury
  Bureau of Engraving and Printing
  O. C. S. Room 344 BEPA
  P.O. Box 37048
  Washington, DC 20013

Non-contaminated money shall be turned in to the AWAssociate Warden, Business Services, or a designated Business Services representative for deposit in the Inmate Trust Fund.

Relevant evidence includes any and all controlled physical evidence acquired and processed from the commission of a crime and uncontrolled evidence where strong possibilities exists that it can be associated with a definite suspect through latent prints or other investigative means.

Controlled felonious contraband is physical evidence of a felonious nature that includes, but is not limited to, weapons or narcotics that can be placed as having been in the immediate possession or control of any person.

Uncontrolled felonious contraband is physical evidence of a felonious nature that includes, but is not limited to, weapons and narcotics that cannot be placed in the immediate possession or control of any person.

Information collected that has been found (upon examination) to have no value as evidence shall be retained for at least six months before being prepared for destruction or return.

General contraband shall be disposed of as listed below:

• Nonmetallic contraband (e.g., cardboard, paper, etc.) shall be disposed of by the facility garbage.

• Metal contraband (e.g., can lids, metal scraps, etc.) which is not usable by an appropriate department, shall be secured in a storage area until removed from facility grounds by an approved, certified disposal service.

• State issued items shall be rerouted to the appropriate department(s) for disposition or repair for reissuing.

• Unauthorized items (e.g., wallets, combs, belts, shoes, televisions, and stereos) which were obtained by authorized means may be sent home by incarcerated persons at their own expense or may be donated to the facility.

Incarcerated person donated items shall be disposed of by one of the following methods:

• Donated to a charitable organization.

• Rendered useless or inoperable by disposing of it as trash.

Incarcerated person donated items may also be retained for reissue if useful. Television sets which conform to the limitation of DOMDepartment Operations Manual 54030 and are in working condition may be reissued to indigent incarcerated persons.

The Director, Division of Adult Institutions, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.